6.  The applicant, a Russian national, was born in 1927 and died in 2003. At the relevant time he lived in Rostov-on-Don.
7.  The second applicant is a Russian national and was born in 1949. He is the applicant's son and lives in Rostov-on-Don.
8.  In 1995 the applicant was arrested on suspicion of theft and placed in police custody. In 1996 the court acquitted him.
9.  In September 1996 the applicant brought proceedings against the State claiming damages for his unlawful detention. On 29 December 1997 the Proletarskiy District Court satisfied his claim ordering the State to pay the applicant damages in the amount of RUR 34,000. This decision entered into force. However on 25 may 1998 the decision in the first applicant's favour was quashed by way of supervisory review. The case was remitted to the first instance court.
10.  On 15 March 1999 the Rostov-on-Don Proletarskiy District Court satisfied the applicant's claims in part awarding him 24,917 Russian Roubles (~970 Euros), to be recovered from the regional branch of the Federal Treasure. The decision was not appealed against and, as follows from a copy of this decision provided by the applicant, became final on 17 March 1999.
11.  On 12 May 1999 the local bailiffs' service initiated the enforcement proceedings against the regional branch of the Treasury. The applicant and the bailiff repeatedly contacted the defendant in order to recover the amount awarded by the District Court. However, the payment orders were returned to the bailiff unexecuted. The regional branch of the Treasury explained that since no budget funds had been allocated from the federal budget for these purposes, the judgment debt could not be paid.
12.  In the following months the bailiffs addressed the Federal Treasury in Moscow and the Ministry of Finance with request to make necessary budget appropriations to execute the judgment of 15 March 1999. As follows from the letter of the Legal Department of the Ministry of Finance of 25 August 1999, the information on the judgment debt was included in a special data-base which listed all claims against the Federal Treasury.
13.  In April 2000 the case-file concerning the enforcement proceedings was transmitted to the bailiffs in Moscow. The applicant was informed that henceforth the enforcement proceedings would be carried out by the bailiffs in Moscow, at the address of the central office of the Federal Treasury.
14.  In the meantime the applicant asked the District Court to clarify which State institution was responsible for payment of the judgment debt. On 13 September 2000 the District Court ruled that the debt should be recovered from the central office of the Federal Treasury in Moscow. The court accordingly delivered a new writ of execution which was forwarded to the bailiffs' service in Moscow.
15. On 26 March 2001 the writ of execution was returned to the applicant. The Moscow-based bailiffs' service explained to the applicant that due to changes in the legislation, and, in particular, pursuant to the Law on the Federal Budget for 2001 (see the “Relevant domestic law” below), they ceased to be responsible for the forced execution of the court judgment against the State authorities. The bailiff proposed the applicant to forward the writ of execution together with some additional documents directly to the Ministry of Finance in Moscow.
16.  According to the respondent Government, at present the writ of execution is with the Ministry of Finance. The second applicant indicated that in December 2004 all documents required pursuant to Decree no. 666 had been submitted to the Ministry of Finance. However, it appears that to date the judgment has not been enforced.
17.  The second applicant was born in 1949 in Germany. Since 1950 his family lived in Australia. According to the applicant, in 1957, when they were visiting relatives in the Soviet Union, the Soviet authorities prohibited them from returning to Australia.
18.  The second applicant was also involved in a civil dispute with a private person regarding his father's flat. This dispute ended with the decisions taken by the Rostov Regional Court on 4 December 2002 and by the Proletarskiy District Court on 13 March 2003, which was not appealed against and became final on 25 March 2003.